BISHAN SINGH Vs. STATE TRANSPORT APPELLATE TRIBUNAL PUNJAB

JUDGEMENT

(1.) THREE national permits having fallen vacant, the State Transport Commissioner exercising the power of Regional Transport Authority initiated proceedings for allotting the same. In pursuance of the advertisement made, sixty-three applications were received. The petitioners and respondent No. 3 were the applicants. The Regional Transport Authority, vide order dated 23rd Oct. 1979 (Annexure P-1) allotted the three permits to Bishan Singh and Hardial Singh, petitioners, and Sukhjit Singh respondent (since deleted ). Respondent No. 3, Balbir Singh, having failed to secure a permit filed appeal which was accepted by the State Transport Appellate Tribunal, vide order dated 6th of May, 1981 (Annexure P-2) on the ground that the order (Annexure P-1) of the Regional Transport Authority is not in conformity with the provisions contained in S. 57 (7) of the Motor Vehicles Act, 1939 (hereinafter the Act ). The order of the Regional Transport Authority (Annexure P-1) was quashed and the case was remanded with the direction that the Regional Transport Authority, after having all the applicants, shall decide the matter afresh by giving reasons for refusal of permits to unsuccessful candidates. The petitioners have assailed the order of the Tribunal (Annexure P-2) in the present writ.

(2.) SECTION 63 of the Act deals with validation of permits for use outside region in which they are granted. Sub-section (11) thereof reads:-

(3.) THE relevant part of the order of the Regional Transport Authority (Annexure P-1) reads:-